Two tales of the criminal justice system this week, with the Excessive Fines Clause and the Fourth Amendment both playing a part. First, in the Second Circuit, Ari Bargil tells us how an ingenious scheme of selling marijuana over an app hits a snag when the funds have to go through the bank. Which is subject to all kinds of federal laws. What about the law forbidding excessive fines? For that it gets a little complicated. Then it’s off to the Ninth Circuit where John Wrench details a traffic stop with an “inventory search.” Did the cops really make it just to ensure the defendant didn’t lose his stuff? Many of us our skeptical, but somehow the conviction stands.
Click here for transcript.
Recent Episodes
Short Circuit 449 | Supreme Court Preview
Our annual Supreme Court term preview, this year from Wake Forest Law and released today, First Monday, the first day of the Supreme Court’s new […]
Listen NowShort Circuit 448 | Are Prediction Markets Legal?
We’ve all seen the ads for prediction markets, like Kalshi, and some of us have even placed bets with them. But are they actually “bets”? […]
Listen NowShort Circuit 447 | How Constitutional Are Your Claims?
We focus on a district court case that has appellate court explanatory power. As our special guest Professor Robert Steinbuch says, if you reside in […]
Listen NowShort Circuit 446 | SWAT Teams at the Supreme Court
Say a gaggle of police with military-grade toys fire a boatload of tear gas into a home and then run in and break a bunch […]
Listen Now